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BRESLIN REALTY DEV. CORP. v. SMITH & DeGROAT, INC.

2016-05414, Index No. 6240/15.

175 A.D.3d 1234 (2019)

105 N.Y.S.3d 912

2019 NY Slip Op 06465

BRESLIN REALTY DEVELOPMENT CORP., Appellant, v. SMITH & DeGROAT, INC., ET AL., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 11, 2019.

Attorney(s) appearing for the Case

Rosenberg Calica & Birney LLP, Garden City, NY ( Robert M. Calica , Edward M. Ross , and Robert J. Howard of counsel), for appellant.

Quatela Chimeri, PLLC, Hauppauge, NY ( Joseph A. Quatela and Scott J. Kreppein of counsel), for respondents Smith & DeGroat, Inc., and Smith & Drake Realty Corp., doing business as Smith & DeGroat Real Estate and as S & D Real Estate.

Lynn, Gartner, Dunne & Covello, LLP, Mineola, NY ( Stephen W. Livingston of counsel), for respondents Martin I. Schackner and Karen Schackner.

Leventhal, J.P., Cohen, Hinds-Radix and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The defendant Martin I. Schackner is a judgment debtor of the plaintiff. In September 2014, the plaintiff commenced a turnover proceeding against, among others, the defendants Smith & DeGroat, Inc., and Smith & Drake Realty Corp., doing business as Smith & DeGroat Real Estate and as S & D Real Estate (hereinafter together the S&D defendants), which employed Martin...

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